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<br />may, at its sole option exercise any of the following remedies, which are alternatives to other remedies
<br />City may have and are not the exclusive remedy for &RQVXOWDQW¶V breach:
<br /> Order Consultant to stop work under this Agreement or withhold any payment that becomes due to
<br />Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates
<br />compliance with the requirements hereof; and/or
<br /> Terminate this Agreement.
<br />Section 5. ,1'(01,),&$7,21$1'&2168/7$17¶65(63216,%,/,7,(6
<br />INTENTIONALLY DELETED
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<br />Section 6. STATUS OF CONSULTANT.
<br />6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an
<br />independent contractor and shall not be an employee of City. City shall have the right to control
<br />Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement
<br />and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the
<br />right to control the means by which Consultant accomplishes services rendered pursuant to this
<br />Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance
<br />to the contrary, Consultant and any of its employees, agents, and subcontractors providing services
<br />under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
<br />all claims to, any compensation, benefit, or any incident of employment by City, including but not
<br />limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an
<br />employee of City and entitlement to any contribution to be paid by City for employer contributions
<br />and/or employee contributions for PERS benefits.
<br />6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority,
<br />express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall
<br />have no authority, express or implied, pursuant to this Agreement to bind City to any obligation
<br />whatsoever.
<br />Section 7. LEGAL REQUIREMENTS.
<br />7.1 Governing Law. The laws of the State of California shall govern this Agreement.
<br />7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws
<br />and regulations applicable to the performance of the work hereunder, including but not limited to, the
<br />California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark
<br />law. &RQVXOWDQW¶VIDLOXUHWRFRPSO\ZLWKDQ\ODZ V RU regulation(s) applicable to the performance of
<br />the work hereunder shall constitute a breach of contract.
<br />7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
<br />assistance from another governmental entity, Consultant and any subcontractors shall comply with
<br />all applicable rules and regulations to which City is bound by the terms of such fiscal assistance
<br />program.
<br />7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
<br />employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals
<br />of whatsoever nature that are legally required to practice their respective professions. Consultant
<br />represents and warrants to City that Consultant and its employees, agents, any subcontractors shall,
<br />at their sole cost and expense, keep in effect at all times during the term of this Agreement any
<br />licenses, permits, and approvals that are legally required to practice their respective professions. In
<br />addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the
<br />term of this Agreement valid Business Licenses from City.
<br />Section 8. MODIFICATION.
<br />8.1 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
<br />beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to
<br />this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such
<br />an extension, City shall have no obligation to provide Consultant with compensation beyond the
<br />DocuSign Envelope ID: F142FC13-2565-4871-97AE-5ACD1BA331FC
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